My mums partner was reversing up his driveway (which is steep and slightly blind at top. You need to reverse hard up it then stop at the top near the road to check for cars before you leave it of course
When he looked at first it was all clear, and he reversed up, as he got to the top near the road he hit a guys car who was stopped still right in front of the driveway. (parked close to gutter on road- but across the driveway!)
Who is in the right/wrong. Is it not illegal to park/ stop right in front of someones driveway? And this guy was not driving, he was stopped, close to gutter at the top.
We're in Australia.
Any opinions or legal knowledge/road rules would be great! Thanks
2007-12-10 17:15:05 · 7 answers · asked by Anonymous in Cars & Transportation ➔ Safety
The guy wasnt parked but stoppped, as he was droppping someone off.. its a dropped curb driveway... what an idiot , there was room further up for him to stop!!!... but yeah legally whose fault? The guys car was damaged badly by mums partners towbar
2007-12-10 17:20:01 · update #1
Its not illegal to back out of driveways here, and its a private street. He decided to stop right in front of the driveway- there was no other traffic..
2007-12-10 17:30:09 · update #2
Also note that yes, a driver on the road has right of way, but this guys wasnt driving. he was stopped.
2007-12-10 17:31:17 · update #3
If the guy was stopped and blocking outgoing traffic without making himself visible in a road with obvious blindspot (i.e. put out a triangle or hazard flash or whatever) it COULD be his fault.
On the other hand, it *could* be argued that your mums partner did not check the exit before driving the car out. However, it does seem that the other party is at fault first for blocking your driveway.
If this was in the US I'd assign the fault 75% other, 25% self, but then I do NOT work as an adjuster. :D
2007-12-10 17:23:03 · answer #1 · answered by Kasey C 7 · 1⤊ 0⤋
The person that is already in the road has the right of way. The guy in the driveway is at fault regarless of the fact the guy in the road could have stopped in a different spot.
2007-12-11 01:23:23 · answer #2 · answered by brianwv64 4 · 1⤊ 0⤋
It is the responsibility of the person doing the backing (reversing) to be sure the way is clear before moving his vehicle. The person blocking the entrance to the driveway may have contributed to the accident, but the person reversing his vehicle is mostly at fault.
2007-12-11 12:17:32 · answer #3 · answered by JetDoc 7 · 0⤊ 0⤋
Well if traffic was moving, and he hit a car, it would be totally his fault, and the car could still have been in the same place. If you have to stop at the top to check for moving cars, why would the same stop not be required for a parked car? Sorry, but it looks like his fault
2007-12-11 04:02:13 · answer #4 · answered by Fred C 7 · 0⤊ 0⤋
I don't know about there. But here it is technically illegal to back out of your driveway into the street. It's also illegal to back into your driveway from the street. So they have you coming or going. But it's also illegal to block a driveway.Looks like both of you were at fault. But they were on the main road and you were entering it backwards. I would think you would lose this one.
2007-12-11 01:24:02 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You should consult with an attorney in your area.
2007-12-11 10:47:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
THE GUT THAT WAS REVERSING WOULD BE AT FAULT.
2007-12-11 09:05:26 · answer #7 · answered by Anonymous · 0⤊ 1⤋